38 U.S.C. § 7330A — Epilepsy centers of excellence
submitted 18 years ago by Pub. L. 110-387 to r/title-38-VETERANS-BENEFITS · 1,282 words · no verdicts yet
This section establishes and funds four to six Department epilepsy centers of excellence, sets competitive selection and detailed facility requirements, and creates a national coordinator.
(a) Establishment of Centers. (1) Within 120 days after enactment of the Veterans’ Mental Health and Other Care Improvements Act of 2008, the Secretary* must designate at least four and no more than six Department* health-care facilities as epilepsy centers of excellence. (2) At least two must be centers under section 7327. (3) At least two must not be centers under section 7327. (4) Subject to available appropriations, the Secretary must establish and operate a center at each location.
(b) Designation of Facilities. (1) The Secretary must solicit proposals from Department facilities. (2) A facility may be designated only if the subsection (c) panel finds its proposal among those meeting the highest competitive standards of scientific and clinical merit. (3) The Secretary must also consider appropriate geographic distribution.
(c) Peer Review Panel. (1) The Under Secretary must establish a panel to assess proposals. (2) It must consist of epilepsy experts, including post-traumatic epilepsy experts. Members serve no longer than two years, except half of the first appointees serve three years and half two years, as designated at appointment. (3) The panel must review each proposal submitted by the Under Secretary and give the Under Secretary its views on relative scientific and clinical merit. (4) With the national coordinator, it must regularly evaluate each center for compliance with this section. (5) It is not subject to chapter 10 of title 5.
(d) Epilepsy Center of Excellence Defined. “Epilepsy center of excellence” means a facility that has, or can develop in the foreseeable future, the capacity to be a center of excellence in epilepsy diagnosis and treatment research, education, and clinical care and has, or may reasonably be expected to develop: (1) an affiliation with an accredited medical school providing neurology education, including an arrangement for residents to train in epilepsy diagnosis and treatment, including neurosurgery; (2) the ability to attract creative and inventive health-care researchers; (3) an advisory committee of veterans and appropriate facility and affiliated-school health-care and research representatives to advise the directors on center policy while it operates; (4) the ability to effectively evaluate activities; (5) the ability to help expand Department information systems and databases to improve care quality and delivery for enrolled veterans; (6) the ability to help expand telehealth to develop, transmit, monitor, and review neurological diagnostic tests; and (7) the ability to perform epilepsy research, education, and clinical care with Department facilities having section 7327 combat-injury centers.
(e) National Coordinator for Epilepsy Programs. (1) The Secretary must designate a Veterans Health Administration individual as national coordinator to assist the Secretary and Under Secretary. (2) Duties include: (A) supervising the centers; (B) coordinating and supporting a national consortium of epilepsy providers at facilities lacking centers to improve access to state*-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the Department system; (C) regularly evaluating centers with the panel; (D) coordinating education, clinical care, and research at all facilities with centers as part of an integrated national system; and (E) jointly developing that consortium. It should include a designated epilepsy referral clinic in each Veterans Integrated Service Network. (3) The coordinator reports to the Veterans Health Administration official responsible for neurology.
(f) Authorization of Appropriations. (1) $6,000,000 is authorized for each fiscal year 2009 through 2013 for center clinical care, research, and education under subsection (a)(2). (2) After 2013, such sums as necessary are authorized. (3) For the first three years, center funds must be a special-purpose program not allocated through the Veterans Equitable Resource Allocation system. (4) The Under Secretary must also allocate appropriate amounts from generally appropriated medical-services and medical and prosthetics research accounts. (5) Such sums as necessary are authorized to fund the coordinator.
Not later than 120 days after the date of the enactment of the Veterans’ Mental Health and Other Care Improvements Act of 2008, the Secretary* shall designate at least four but not more than six Department* health care facilities as locations for epilepsy centers of excellence for the Department.
Of the facilities designated under paragraph (1), not less than two shall be centers designated under section 7327 of this title.
Of the facilities designated under paragraph (1), not less than two shall be facilities that are not centers designated under section 7327 of this title.
Subject to the availability of appropriations for such purpose, the Secretary shall establish and operate an epilepsy center of excellence at each location designated under paragraph (1).
In designating locations for epilepsy centers of excellence under subsection (a), the Secretary shall solicit proposals from Department health care facilities seeking designation as a location for an epilepsy center of excellence.
The Secretary may not designate a facility as a location for an epilepsy center of excellence under subsection (a) unless the peer review panel established under subsection (c) has determined under that subsection that the proposal submitted by such facility seeking designation as a location for an epilepsy center of excellence is among those proposals that meet the highest competitive standards of scientific and clinical merit.
In choosing from among the facilities meeting the requirements of paragraph (2), the Secretary shall also consider appropriate geographic distribution when designating the epilepsy centers of excellence under subsection (a).
The Under Secretary for Health shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of epilepsy centers of excellence under this section.
The membership of the peer review panel shall consist of experts on epilepsy, including post-traumatic epilepsy.
Members of the peer review panel shall serve for a period of no longer than two years, except as specified in subparagraph (C).
Of the members first appointed to the panel, one half shall be appointed for a period of three years and one half shall be appointed for a period of two years, as designated by the Under Secretary at the time of appointment.
The peer review panel shall review each proposal submitted to the panel by the Under Secretary for Health and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary.
The peer review panel shall, in conjunction with the national coordinator designated under subsection (e), conduct regular evaluations of each epilepsy center of excellence established and operated under subsection (a) to ensure compliance with the requirements of this section.
The peer review panel shall not be subject to chapter 10 of title 5.
In this section, the term “epilepsy center of excellence” means a health care facility that has (or in the foreseeable future can develop) the necessary capacity to function as a center of excellence in research, education, and clinical care activities in the diagnosis and treatment of epilepsy and has (or may reasonably be anticipated to develop) each of the following:
An affiliation with an accredited medical school that provides education and training in neurology, including an arrangement with such school under which medical residents receive education and training in the diagnosis and treatment of epilepsy (including neurosurgery).
The ability to attract the participation of scientists who are capable of ingenuity and creativity in health care research efforts.
An advisory committee composed of veterans and appropriate health care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of the center during the period of the operation of such center.
The capability to conduct effectively evaluations of the activities of such center.
The capability to assist in the expansion of the Department’s use of information systems and databases to improve the quality and delivery of care for veterans enrolled within the Department’s health care system.
The capability to assist in the expansion of the Department telehealth program to develop, transmit, monitor, and review neurological diagnostic tests.
The ability to perform epilepsy research, education, and clinical care activities in collaboration with Department medical facilities that have centers for research, education, and clinical care activities on complex multi-trauma associated with combat injuries established under section 7327 of this title.
To assist the Secretary and the Under Secretary for Health in carrying out this section, the Secretary shall designate an individual in the Veterans Health Administration to act as a national coordinator for epilepsy programs of the Veterans Health Administration.
The duties of the national coordinator for epilepsy programs shall include the following:
To supervise the operation of the centers established pursuant to this section.
To coordinate and support the national consortium of providers with interest in treating epilepsy at Department health care facilities lacking such centers in order to ensure better access to state*-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health care system of the Department.
To conduct, in conjunction with the peer review panel established under subsection (c), regular evaluations of the epilepsy centers of excellence to ensure compliance with the requirements of this section.
To coordinate (as part of an integrated national system) education, clinical care, and research activities within all facilities with an epilepsy center of excellence.
To develop jointly a national consortium of providers with interest in treating epilepsy at Department health care facilities lacking an epilepsy center of excellence in order to ensure better access to state-of-the-art diagnosis, research, clinical care, and education for traumatic brain injury and epilepsy throughout the health care system of the Department. Such consortium should include a designated epilepsy referral clinic in each Veterans Integrated Service Network.
In carrying out duties under this subsection, the national coordinator for epilepsy programs shall report to the official of the Veterans Health Administration responsible for neurology.
There are authorized to be appropriated $6,000,000 for each of fiscal years 2009 through 2013 for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2).
There are authorized to be appropriated for each fiscal year after fiscal year 2013 such sums as may be necessary for the support of the clinical care, research, and education activities of the epilepsy centers of excellence established and operated pursuant to subsection (a)(2).
The Secretary shall ensure that funds for such centers are designated for the first three years of operation as a special purpose program for which funds are not allocated through the Veterans Equitable Resource Allocation system.
In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, the Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate.
In addition to amounts authorized to be appropriated under paragraphs (1) and (2) for a fiscal year, there are authorized to be appropriated such sums as may be necessary to fund the national coordinator established by subsection (e).
Source credit: (Added Pub. L. 110–387, title IV, § 404(a), Oct. 10, 2008, 122 Stat. 4126; amended Pub. L. 117–286, § 4(a)(225), Dec. 27, 2022, 136 Stat. 4330.)
- 2008Enacted · Pub. L. 110-387 · 122 Stat. 4126
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4330
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-387 on 2008-10-10.
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